After receiving a “final” office action which rejects their patent application, an applicant has options for recourse depending on their jurisdiction. In China, the applicant may file a request for patent reexamination to Patent Reexamination Board (PRB), while in the US, the applicant may file patent appeal for the rejection to the Patent Trial and […]
In the previous article, we introduces the the subject matter problem for patents in China. Simply put, patent subject matters are also referred to as the protecting object of the patent law. If a patent has the problem of subject matter, it means that the invention application is not the object of patent protection. And […]
In the previous article, we introduced utility model patents (UMP) and invention patents in China, and their differences, including examination procedure. In this article, we will talk about their differences in inventive step examination in detail. 1. Examination Procedures In China, a utility model patent (UMP) only needs to undergo the preliminary examination, and the […]
This article will talk about protectable subject matters of utility model patents (UMP) and invention patents in China, and their similarities and differences. Protectable Subject Matters of Invention Patents in China Article 2.2 of Chinese Patent Law stipulates that “An invention refer to a new technical solution proposed for a product, a method or an […]
China’s patent law allows inventors to file for one of three types of patents: invention, utility model, and design. A strategy for filing in China could include filing both invention applications and utility model applications.
Documents required for submitting Chinese applications generally include: Request for Filing; Claims; Specification; Figures; POA.